State ex rel. Kunz v. Campbell

Citations

• 5 S.D. 636
• 60 N.W. 32
• 1894 S.D. LEXIS 106

Syllabus

<p>1. The practice of courts of equity, requiring confirmation of judicial sales may properly be followed in sales on foreclosure of .mortgages by action under the statutes of this state; and a report of the sale to, and its confirmation by, the court is proper, whether indispensable or not under our system of foreclosure by action.</p> <p>2. Courts exercising equity powers have a general supervision over their process, and more especially over sales made under their decrees, and they may confirm or set aside sales made under such decrees, either on motion when made by parties interested, or upon their own motion when, in their opinion, justice demands that such action be taken.</p> <p>3. The question of whether or not a sale made under a decree of foreclose.uré should be confirmed, rejected, or set aside, and a resale ordered, is within the sound judicial discretion of the court; and an order setting aside such sale, and ordering a resale, may be made by the court when, in its opinion, the price bid for the property is so inadequate as to work injustice to the parties, though the proceedings on the sale may have been regular, and the sale fairly made.</p> <p>4. Where a bid is made for certain real property on' a mortgage foreclosure sale made under a decree of the court, and on. motion of plaintiff’s attorney it is set aside by the court, and a resale ordered, upon the ground that the price bid was inadequate, such order, thoug'h made without notice to the bidder, is valid and .binding upon all parties to the action, including the bidder at the. sale, and no order confirming such sale can be made while such order is in force.</p> <p>5. The bidder in such case makes his bid subject to the reserved power of the court to reject the sale, and order a resale of the property, in the exercise of its judicial dircretion and when, in its opinion, justice demands such action.</p> <p>6. Where a sale made under the decree of the court has been set aside by the court and a resa